undefined | Better HN

Skip to content

Top Best Ask Show New Jobs

0 pointsHDThoreaun2y ago0 comments

The texas two step is not used to skirt liabilities. Its point is to consolidate all the cases in one court to reduce lawyer headaches and ensure each claimant is paid fairly.

0 comments

5 comments · 2 top-level

FireBeyond2y ago· 3 in thread

No, it's absolutely and really not. Here...

Is this strategy called the Texas Two-Step because:

1) it assists claimants and plaintiffs (your adversaries) to bond together and present one solid unified case against you, or...

2) because it assists you to elegantly dance around your liabilities?

You know you've lost the argument when your only response to actual facts and analysis is "yeah but what does this name sound like".

No, GP makes a fair point. If it were true that all this does is benefit claimants and plaintiffs, the adversaries of the one taking the action, why would they do it?

Of course it would benefit J&J too. You get to consolidate your cases in one court. You get to be in federal court, which is by conventional wisdom believed to be more defendant-friendly. You get to achieve legal certainty in a shorter period of time. It also benefits all the plaintiffs who weren't early to the party, since they are guaranteed a slice of the pie (if they win), instead of the first few successful plaintiffs eating the whole thing.

shkkmo2y ago

It absolutely is used to reduce payouts. The fact that it limits the potential for very large punitive jury judgments is an argument made by supporters of the texas two step.

It's basically a way of forcing everyone suing you into something akin to a class action, but one where you lose most of the legal rights you would have in a class actions.

j / k navigate · click thread line to collapse